Jan. 6 committee refers Trump to DOJ for criminal charges

Criminal referrals on multiple charges were approved unanimously.

The House select committee examining the Jan. 6 attack at the U.S. Capitol has held its final public meeting.

The panel voted to approve criminal referrals for former President Donald Trump regarding his failed attempt to overturn the 2020 election.


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Committee expected to recommend criminal charges

Monday is the last public meeting of the Jan. 6 committee, with ABC News learning members are expected to recommend criminal charges be pursued against former President Donald Trump in connection with the Capitol attack nearly two years ago.

Sources familiar with the committee’s deliberations say the recommended charges will include conspiracy to defraud the United States and obstruction of an official proceeding. The committee also is considering recommending Trump be charged with insurrection.

Members have been working against the clock to try to finish their work before Republicans take control of the House in the new year.

Any decision about whether to bring any charges against the former president would be left to the Department of Justice. DOJ has been conducting its own parallel investigation into the events of Jan. 6 and isn't obligated to act on congressional referrals.

-ABC News' Katherine Faulders


Criminal referrals the committee might make

Over a series of nine hearings this summer and fall, the committee outlined an alleged "sophisticated seven-point plan" it says Trump and his allies engaged in with the goal of stopping the peaceful transfer of power, including "corruptly" planning to replace federal and state officials with those who would support his fake election claims and pressuring Pence to violate his oath to uphold the Constitution.

Acting on a plan with the intent to stop the counting of electoral votes would likely violate 18 U.S.C. § 1512(c), obstruction of an official proceeding, which makes it a felony to attempt to "corruptly obstruct, influence, or impede any official proceeding," such as the certification of a presidential election, and comes with up to 20 years in prison.

Another statute raised by Rep. Liz Cheney over several hearings, 18 U.S.C. § 371, conspiracy to defraud the United States, criminalizes the agreement between two or more persons to "impair, obstruct or defeat the lawful government functions" and is punishable by up to five years in prison.

Click here for more on the potential charges.